City Council - 12/20/1977 i
APPROVED MINUTES
{ EDEN PRAIRIE CITY' COUNCIL
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TUESDAY, DECEMBER 20, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzei , Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger U1 stad; City Attorney
Ross Thorfinnson; Planner Chris Enger; h
Finance Director John Frane; Acting
Director of Community Services Sandra Werts;
City Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION: Councilwoman Joan Meyers '
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL. OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda under the "New
Business" category:
A. Communication from Hennepin County requesting setting of a date
by the Council for the Board of Review
B. Draft letter on bond refunding
C. Information on an ordinance to- amend Ordinance No. 102
MOTION:. Pauly moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
II . MINUTES OF THE JOINT CITY COUNCIL AND DEVELOPMENT COMMISSION MEETING AND REGULAR
CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 1977
Pg. 5, 2nd para. , 3rd line, strike "metal " and insert "siding"; 5th para. ,
8th line, strike"$14,500" and insert "$15,000"; and in the 9th para. , 1st
line, after "continued" add "for consideration just".
Pg. 7, 6th para. , 2nd line, after "no" insert "local " .
MOTION: Pauly moved, seconded by Meyers,to approve the minutes of the Joint City
Council and Development Commission meeting and Regular City Council meeting held
Tuesday, November 15, 1977, as amended and published. Motion carried
unanimously.
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III . CONTINUED PUBLIC HEARING
A. Knoble Addition by Universal Land Corporation. Request for preliminary
plat approval and rezoning from Rural to R1-13. 5 for 14 single family
homes
Don Peterson, Universal Land Corporation, explained he has met with
City Manager Ulstad and the plan has been modified to consist of 11 lots
which meet the City ordinances .
Grant Gilderhus, 16855 North Manor Road, reiterated the position of the
people in the neighborhood as stated at the November 1 , 1977 Council meeting.
He further stated their concerns are still solid and unanimous.
David Denton, 16850 North Manor Road, questioned if soil borings have been
taken. City Engineer Jullie responded he did review the complete soil
borings report done sometime ago by ERW where there were 4 borings taken on
the parcel to the south of this parcel . In looking at the topographic
map and site, City Engineer Jullie explained there may be a potential of
poor soils on 2 lots in the northwest corner and possibly along the road
alignment. Jullie further stated that Mr. Peterson has concurred and has
agreed to do a detailed boring analysis at the City's direction if the Council
chooses to give preliminary plat approval . The proponents would do the
corrective work and bond for same.
Mrs. Myron Roeder, 6435 168th Avenue West, asked how she could be assured
they won' t have to remove their culvert to make it bigger. Jullie responded
the City would do a study of the drainage area, and determine the volume of
flow and if another culvert would have to be added under the Roeder's
driveway, the developer would include same in their development cost. a
Curt Knudson, 6511 Undestad Street, expressed his concern about the number
of roads coming into the area.
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Helen Schoeneck, 16950 North Manor Road, questioned if the setbacks proposed k
in this development comply to the rest of the neighborhood. -Mr. Peterson }
stated the setbacks are in accordance with City ordinances for R1-13.5 zonings.
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Mr. Denton stated he thought it would be inconsistent for the City to allow x
indiscriminate development that is not consistent with the neighborhood.
MOTION: Pauly moved, seconded by Osterholt, to deny the rezoning request
for Knoble Addition by Universal Land Corporation for rezoning from Rural
to R1-13.5. Pauly, Osterholt and Penzel voted "aye", Meyers and Bye voted
"nay". Motion carried.
MOTION: Osterholt moved, seconded by Pauly, to instruct the City
Attorney to draft a resolution of denial to include the following
reasons: adjoining properties are zoned Rural and have been developed
with 5-acre hobby farms, and that zoning was reconfirmed ;n 1976 when
the owners of the property sought and received an adjustment in special
assessments for sanitary sewer on the basis that the property would be
developed as a single family plat with one residence, would result in z
spot zoning and would adversely affect adjacent properties, would
be detrimental to the adjacent property values, would result in a bad
precedent, transportation system has not been resolved, not the highest
and best use of the property, infringement on the drainage and flowage
rights of adjacent property owners, the setback requirements under
existing ordinance would result in a location of buildings that would
be detrimental to the adjacent area, and soil conditions are sensitive.
Osterholt, Pauly and Penzel voted "aye" , Bye and Meyers voted "nay".
Motion carried.
Council Minutes - 3 - Tuesday, December 20, 1977
IV. DISCUSSION ON COMMUNITY EDUCATION AND COMMUNITY RELATIONS (Continued from
November 15, 1977) -
Eden Prairie School Board members present included Chairman Paul Enblom, p
Bette Anderson, Loren Irvine, Geneva Middleton and Allen Upton. Also present
representing the School District were Superintendent of Schools Dr. Robert
Fallon, Director of Business Affairs Merle Gamin, and Jeanne Phillips , Director v
of Educational Programs.
School Board Chairman Enblom explained that the School Board is charged with
setting and administering the Community Education Program and that almost a year
ago the School District had a change as the Director of Community Education left
at that time. It was the intention of the School Board to proceed and hire a
new Director. In the meantime while plans and objectives were being received,
Ann Kispert was asked to be the interim Community Education Director. Jeanne
Phillips was hired as the Director of Educational Programs and the School Board
found she was going to be of great help in Community Education. Ms. Phillips A
conducted a study on Community Education and came back with a series of
recommendations, and due to her recommendations the School Board determined
a Director of Community Education should be selected who would have particular
skills. At that point the School Board found that they should get their
objectives straight, and concurred after hearing studies by Jeanne Phillips that
the only thing to do was to start over. This was done without talking to the
Council ; however, the School Board is charged with the administration of the
Community Education Program. At this time the School Board wishes to touch bases
with the Council . Mr. Enblom further stated if people who have been on the staff
feel they would like to work under the new reorganization, they may do so, but
the Director of this kind of program can best be handled with specific training in
{ the Community Education field.
Dr. Fallon spoke to Community Education as it has operated in the past and
of the problems that have existed. He further commented that the School Board ,
and City Council have been wondering what Community Education is all about and
what do we want it to do for our community. The State does have guidelines for
Community Education. Community Education is a function that goes out to the
entire community and Dr. Fallon stated he feels there is a void which
reorganization can productively fill . In terms of keeping our schools open,
Dr. Fallon feels we are doing exceptionally well , but we are not doing so well
in getting out into the community and this is the one area we hope to correct.
Osterholt questioned if there is any reason why the City Council should become
involved in the Community Education Program. Chairman Enblom explained the
School Board asked to come before the Council because of the history of
cooperation and working back and forth, and also because the City is putting
money into the program. The School Board is not soliciting the City's participation
in the administration of the programs.
General discussion took place between School Board and Council members.
Pauly questioned what the role of the City is for Community Education other than
funds and suggesting programs . Director of Business Affairs for the School
District Merle Gamn explained that the monetary involvements of the City generally
are closely associated with the use of buildings and direct labor needed to take
care of those buildings for community recreational programs. Approximately 43%
of the usage after school hours is in the community recreation program.
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IV. DISCUSSION ON COMMUNITY EDUCATION AND COMMUNITY RELATIONS (continued)
Larry Erie, State Director of Community Education, read from the State Law
pertaining to Community Education.
Brian Wilhelm, 13765 Research Road, former Director of Community Education,
spoke to the need for simplicity of organization and for personal contact
with members of the community.
Osterholt questioned if it is a State requirement that the City contribute
to a Community Education Program. Mr. Erie replied there is no requirement.
He further commented that he has been impressed with the Community Education
program in Eden Prairie noting that the goals and objectives were great,
the community resources booklet topnotch, and the Community Education
Expos impressive.
Mr. Erie clarified that the use of Community Education funds shall be made by
recommendations of a District Advisory Council and in 1973 Eden Prairie was
supposed to have this Advisory Council formed in order to receive state aid.
However, Mr. Erie explained he had overlooked the fact that Eden Prairie did
not have their Advisory Council formed, and in the future he will make sure
this Council is activated in order for Eden Prairie to be eligible for state
aid.
Council members thanked the School Board for their attendance.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
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VI. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 77-43, rezoning properties in Southwestern
Eden Prairie which reverted to I-General back to Planned Study
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MOTION: Bye moved, seconded by Pauly, to adopt the 2nd Reading of
Ordinance No. 77-43, rezoning properties in Southwestern Eden Prairie
which reverted to I-General back to Planned Study. Motion carried
unanimously.
B. Resolution No. 77-162, requesting the revocation of the Charter of the
National Corporation for Housing Partnerships
Meyers requested amendments to be made by the City Attorney to Resolution
No. 77-162.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-162 as
amended, requesting the revocation of the Charter of the National Corporation
for Housing Partnerships. Motion carried unanimously.
C. Resolution No. 77-158, appointing the City Council as a Health Board
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-158,
appointing the City Council as a Health Board. Motion carried unanimously.
VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. South Hennepin Human Services Council - Councilwoman Pauly
Pauly explained that the South Hennepin Human Services Council had
Council Minutes - 5 - Tuesday, December 20, 1977
1. South Hennepin Human Services Council - Councilwoman Pauly (continued)
met with three County Commissioners and they wanted to know if
Eden Prairie would be willing to pay a token amount.
Penzel replied we are already providing a token with
Staff time. Otherwise it is the County' s responsibilities to
carry the rest.
Osterholt stated we are making a contribution through our County
taxes.
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Councilwoman Pauly made the Council aware that the #212 Task Force will
be setting up a lobbying day at the State Legislature the end of January or q
early February inviting all of the legislators, local press , and State
Department heads interested in a completed #212. n
2. Appointment of one member to the Development Commission to fill an
unexpired term to 2/28/80
Osterholt placed the name of Don Opheim into nomination.
MOTION: Meyers moved that nominations be closed and that a
unanimous ballot be cast for the appointment of Don Opheim to the
Development Commission to fill an unexpired term to 2/28/80, seconded
by Osterholt. Motion carried unanimously.
Penzel announced that the Adhoc Advisory Committee on Chemical Waste
will be meeting again Wednesday, December 21, and City Engineer Jullie
,. and Mayor Penzel will be attending. He further stated that as of this
date nothing has been resolved.
B. Report of City Attorney
City Attorney Thorfinnson explained that he has satisfied himself that
a Park Reforestation Fund could be established and would provide a tax
deduction vehicle for corporations and individuals .
MOTION: Osterholt moved, seconded by Meyers, to establish a Park
Reforestation Fund. Motion carried unanimously.
C. Report of City Manager
1. Request to advertise for bids for a 4-wheel drive vehicle
City Manager Ul stad referred to memo from Public Safety Director
Hacking whereby the Eden Prairie Lions Club has agreed to purchase
a 4-wheel drive vehicle as a replacement for the present unit now
being used by our Reserve Unit. The Lions Club will pay the difference
between the price we receive for our present unit and 'the cost of a
new one.
Bye expressed his concern with donations for specific items. He
f further stated that correctly done the donation should be to the City
l of Eden Prairie and the City of Eden Prairie should determine how best
the money should be used.
Council Minutes - 6 - Tuesday, December 20, 1977
1. Request to advertise for bids for a 4-wheel drive vehicle (continued)
Council directed the City Manager to develop a list of needs for
potential contributors, and that if such contributions are offered
that funds be used for that list.
MOTION: Osterholt moved, seconded by Meyers, to receive bids for
a 4-wheel drive Reserve Unit vehicle on January 10, 1978, to be
awarded on January 17, 1978. Motion carried unanimously.
2. Cash Park Fee Policy (Continued from November 15, 1977)
City Manager Ulstad explained that when the PUD's were approved
originally back in 1971 and 1972, that in theory they were approved
based on the existing ordinances in effect at that time, and that
is basically what was used in developing information submitted to the
Council .
City Planner Enger commented on attachments submitted to Council
members and explained that Staff has not been able to come across
any written terms as to density trade-offs.
Don Brauer, Brauer & Associa tes, spoke to his communication dated
November 9, 1977 regarding the Cash Park Fee applied to Edenvale
and The Preserve PUD's.
The following comments were made by Council members : 1) Cash
{ park fee should not be a specific figure forever and ever but should
be reviewed every 2 or 3 years, 2) area around Anderson Lakes should
be resolved, 3)resolution of the Edenvale School Park Site as to
dedication - if the City is oing to negate this then the cash park
fee should be applied, and 43 establish a new policy that is uniform z
throughout the community, i .e. , would apply to new or rezoned properties
even though they were within the original PUD (distinction to be made
on the land as it is platted) .
MOTION: Bye moved, seconded by Osterholt, to refer this matter to Staff
to incorporate comments by Council members into a Resolution for action
at the January 17, 1978 Council meeting. Motion carried unanimously.
William Bale, legal counsel for The Preserve, stated if The Preserve
complies with the terms of the PUD in dedicating the land and meets
the cash park fee requirements of Section 11 of Ordinance 93, that is their
position. However, what The Preserve is required to provide the City
under the PUD gets much more involved along Anderson Lakes and The Preserve
would like to resolve this situation. Bale further stated it would be
helpful to know where the line is as there is a strong difference of opinion
where the line is. The critical item left is the 45 acre scenic easement
portion of the land and where it is going to fall and the size of the ease-
ment. The Preserve would be willing to make a presentation to the Council
if this easement would be workable. .
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Council Minutes - 7 - Tuesday, December 20, 1977
3. Setti ng of a Public Hearing for Nestl ebrook by Mr. & Mrs. Lunzer
MOTION: Meyers moved, seconded by Osterholt, to set February 7,
1978 as the Public Hearing date for Nestlebrook. Motion carried
unanimously.
4. Budget adjustments
City Manager Ulstad spoke to memo from John Frane dated December 16,
1977, requesting that the Council approve an adjustment in the 1977
budget by transferring within the General Fund $15,700 to be applicable
to the areas outlined in the memo.
MOTION: Meyers moved, seconded by Penzel , to approve the City Manager's
request for an adjustment in the 1977 budget by transferring
within the General Fund $15,700 to be applicable to the areas outlined in memo '
dated 12/16/77. Roll Call Vote: Meyers, Pen_zel , Bve, Osterholt and Pauly
voted "aye" . Mot ion carried unanimously.
5. Authorization to advertise for bids for phone system
MOTION: Osterholt moved, seconded by Bye, to authorize the receiving
of bids for a phone system for the new addition on January 3, 1978.
Motion carried unanimously.
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D. Report of Acting Director of Community Services
1. Round Lake Park Building Rental
City Manager Ulstad spoke to memo from Sandy Werts, Acting Director
of Community Services, regarding the rental of the Round Lake Park
building.
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Council members felt the fee was not as important as the building
being left in good order when the people are through using the
facility.
City Attorney Thorfinnson suggested thdt a signed agreement that the
people using the facility would be responsible for any vandalism or a
damages to the building might be in order.
Council referred this matter back to Staff for a further recommendation.
2. Information about potential funding of Purgatory Acquisition in the
northeast area Edengate, Markum
City Manager Ulstad spoke to a form agreement received from the
Metropolitan Parks Foundation which was for a three year period, noting
that the Foundation extended this option to Scott and Hennepin Counties.
At the end of the three years the two counties must exercise this option,
and if this is not done, the Foundation has the option to sell the property
or continue for whatever reasons might be justifiable in their own minds.
The Parks, Recreation & Natural Resources Commission recommendation is to
follow the same approach with the Markum and Edengate properties. Ulstad
questioned if the Council would like to have Staff proceed with the
recommendation of the Parks, Recreation & Natural Resources Commission.
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Council Minutes - 8 - Tuesday, December 20, 1977
2. Information about potential funding of Pur-catory Arau�ieitinn in the
northeast area (Edengate, Markum) (Continued)
Ul stad further explained if we made an inquiry it would take about 90
days to receive an answer back from the Metropolitan Parks Foundation.
MOTION: Meyers moved, seconded by Bye, to pursue with the Metropolitan
Parks Foundation the potentiality of the City making an acquisition
with their money of the Edengate and Markum properties, and that the
Parks, Recreation & Natural Resources Commission start the Public
Hearing process on the implementation of the Purgatory Creek Plan
in that sector. Motion carried unanimously.
E. Report of City Engineer
1. Final Plat approval for Condon/Naegele Realty, Golden Strip Addition
Don Brauer, Brauer & Associates, spoke to the final plat fu►-
Condon/Naegele Realty, Golden Strip Addition, and answered questions
of Council members. Brauer stated that the land proposed for dedication
to the City around Smetana Lake is to be credited only to the three auto
dealership sites east of Schooner Boulevard, and the sites west of
Schooner Boulevard would be charged the cash park fee.
Council requested that the name be changed from Condon/Naegele
Boulevard. Brauer stated he would see that another name is selected
to meet the City's approval .
Meyers requested that the City make a requirement that the driveway
access on to Highway 169 be moved when the road is ready for use.
Brauer stated he would be agreeable to that stipulation.
Chris Enger spoke to the recommendation of the Planning Commission
and explained that the Parks, Recreation & Natural Resources Commission
chose not to take any action as they stated they needed further time to i
review the plat.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-159,
approving the final plat of Condon/Naegele Realty, Golden Strip Addition,
subject to the actual deeds being received for- Outlots D and E.
Further that a requirement be made by the City that the driveway
access on to #169 be moved when the road is ready for use, and that
the name of Condon/Naegele Boulevard be changed to meet the City's
approval . Motion carried unanimously.
2. Final draft of Eden Prairie/Chanhassen sanitary sewer service agreement
Council requested that an amendment be made to the agreement that
if the Metropolitan Waste Control Commission charges go up, that
Chanhassen should also share the increases in the charges.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No.
i 77-164, approving the sanitary sewer service agreement for the East
Lotus Lake/Duck Lake area as amended. Motion carried unanimously.
Council Minutes 9 Tuesday, December 20, 1977
3. Agreement with Metropolitan Waste Control Commission for Bluffs
West road construction of interceptor sewer
MOTION: Bye moved, seconded ey Meyers, to approve the agreement
with the Metropolitan Waste Control Commission for Bluffs West road
construction of an interceptor sewer. Motion carried unanimously.
4. Approve plans and specifications and order advertisement for bids
on City Well No. 3
MOTION: Meyers moved, seconded by Penzel , to adopt Resolution No.
77-160, approving plans and specifications and order advertisement for
bids on City Well No. 3. Motion carried unanimously.
5. Authorize appropriation of MSA funds for traffic signal costs at
TH 5 and Mitchell Road
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-161 , authorizing the appropriation of MSA funds for traffic signal
costs at TH 5 and Mitchell Road. Motion carried unanimously. t
F. Report of Finance Director
1 . Clerk's License List
Mr. Hinn, owner of Genghis Khan of Sapporo, appeared before the Council
and stated that their problems have now been taken care of, and the
action he has taken should prevent future occurrences.
MOTION: Bye moved, seconded by Pauly, to approve the Clerk's
License List dated December 20, 1977. Motion carried unanimously.
2 . Payment of Claims Nos. 8088 - 8264
MOTION: Osterholt moved, seconded by Bye, to approve Payment of
Claims Nos . 8088 - 8264, excluding 8176. Roll Call Vote: Osterholt,
Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously.
VIII . NEW BUSINESS
A. Communication from Hennepin County requesting setting of a date by the
Council for the Board of Review
MOTION: Osterholt moved, seconded by Bye, to set Tuesday, May 30, 1978,
8:00 PM, at the Eden Prairie City Hall for the Board of Review meeting.
Motion carried unanimously.
B. Draft letter on bond refunding
Meyers questioned if the City Council is going to have a special meeting
on bond refunding. City Manager Ulstad responded that at this time the
Council is to receive the information and call a meeting for another -
date.
Council Minutes - 10 - Tuesday, December 20, 1977
C. Information on an ordinance to amend Ordinance No. 102
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Council requested that an ordinance to amend Ordinance No. 102
be placed on the January 3, 1978 Council agenda. The requested
ordinance would regulate the licensing and operation of dance halls
within the City of Eden Prairie.
IX. ADJOURNMENT
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MOTION: Meyers moved, seconded by Osterholt, to adjourn the Council meeting
at 11 :35 PM. Motion carried unanimously.
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AGENCY OF ORIGIN: CITY OF EDEN PRAIRIE
RECORD SERIES: CITY COUNCIL MINUTES
INCLUSIVE DATES/NOS: 1956 - 1990
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ENDS WITH: 1977
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